Interlock restricted driver -- Penalties for operation without ignition interlock system.
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(1) As used in this section:
(a) "Ignition interlock system" means a constant monitoring device or any similar device that:
(i) is in working order at the time of operation or actual physical control; and
(ii) is certified by the Commissioner of Public Safety in accordance with Subsection 41-6a-518(8).
(b)
(i) "Interlock restricted driver" means a person who:
(A) has been ordered by a court or the Board of Pardons and Parole as a condition of probation or parole not to operate a motor vehicle without an ignition interlock system;
(B) within the last 18 months has been convicted of a violation under Section 41-6a-502 or Subsection 41-6a-520(7);
(C)
(I) within the last three years has been convicted of an offense which would be a conviction as defined under Section 41-6a-501; and
(II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years from the date that one or more prior offenses was committed if the prior offense resulted in a conviction as defined in Subsection 41-6a-501(2);
(D) within the last three years has been convicted of a violation of this section;
(E) within the last three years has had the person's driving privilege revoked through an administrative action for refusal to submit to a chemical test under Section 41-6a-520;
(F) within the last three years has been convicted of a violation of Section 41-6a-502 or Subsection 41-6a-520(7) and was under the age of 21 at the time the offense was committed;
(G) within the last six years has been convicted of a felony violation of Section 41-6a-502 or Subsection 41-6a-520(7) for an offense that occurred after May 1, 2006; or
(H) within the last 10 years has been convicted of automobile homicide under Section 76-5-207 for an offense that occurred after May 1, 2006.
(ii) "Interlock restricted driver" does not include a person:
(A) whose conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under Section 41-6a-502 that does not involve alcohol or a conviction under Section 41-6a-517 and whose prior convictions described in Subsection (1)(b)(i)(C)(II) are all convictions under Section 41-6a-502 that did not involve alcohol or convictions under Section 41-6a-517;
(B) whose conviction described in Subsection (1)(b)(i)(B) or (F) is a conviction under Section 41-6a-502 that does not involve alcohol and the convicting court notifies the Driver License Division at the time of sentencing that the conviction does not involve alcohol; or
(C) whose conviction described in Subsection (1)(b)(i)(B), (C), or (F) is a conviction under Section 41-6a-502 that does not involve alcohol and the ignition interlock restriction is removed as described in Subsection (7).
(2) The division shall post the ignition interlock restriction on a person's electronic record that is available to law enforcement.
(3) For purposes of this section, a plea of guilty or no contest to a violation of Section 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(4) An interlock restricted driver who operates or is in actual physical control of a vehicle in the state without an ignition interlock system is guilty of a class B misdemeanor.
(5) It is an affirmative defense to a charge of a violation of Subsection (4) if:
(a) the interlock restricted driver operated or was in actual physical control of a vehicle owned by the interlock restricted driver's employer;
(b) the interlock restricted driver had given written notice to the employer of the interlock restricted driver's interlock restricted status prior to the operation or actual physical control under Subsection (5)(a);
(c) the interlock restricted driver had on the interlock restricted driver's person, or in the vehicle, at the time of operation or physical control employer verification, as defined in Subsection 41-6a-518(1); and
(d) the operation or actual physical control described in Subsection (5)(a) was in the scope of the interlock restricted driver's employment.
(6) The affirmative defense described in Subsection (5) does not apply to:
(a) an employer-owned motor vehicle that is made available to an interlock restricted driver for personal use; or
(b) a motor vehicle owned by a business entity that is entirely or partly owned or controlled by the interlock restricted driver.
(7)
(a) An individual with an ignition interlock restriction may petition the division for removal of the restriction if the individual's offense did not involve alcohol.
(b) If the division is able to establish that an individual's offense did not involve alcohol, the division may remove the ignition interlock restriction.